What Mahsa Amini’s Death Reveals About the True Status of Women in Iran
On 13 September 2022, Mahsa Amini, a twenty-two-year-old Kurdish-Iranian woman, was arrested in Tehran, Iran for allegedly wearing ‘inappropriate attire’[1] in contravention of the country’s strict dress code which, among other things, legally requires all women to wear a headscarf in public.[2] A mere three days after her arrest, and subsequent transfer into the custody of Iran’s Gasht-e-Ershad (the ‘Guidance Patrol’ or ‘morality police’[3] tasked with enforcing this dress code), she was pronounced dead under contested and suspicious circumstances.[4]
Although the official medical report issued in Iran cites Mahsa’s cause of death as cerebral hypoxia triggered by ‘underlying diseases’ (specifically, a pre-existing brain condition),[5] her family members and international human rights organisations (supported by eyewitness reports) allege that her death was the result of deliberate and sustained torture by Iranian police.[6]
Her death on 16 September triggered nationwide protests across major cities and towns in Iran.[7] While the causes of these protests are numerous and complex, including economic discontent and concerns about corruption and widespread unemployment, the cause which has received the most global attention is the vocal criticism that has been directed towards the Iranian government for their treatment of women’s rights and freedoms.[8]
Although nothing in this article is intended to undermine the millions of women—both in Iran and across the globe—who voluntarily choose to wear a headscarf, as an act of personal faith or otherwise, it is apparent that the laws relating to public dress in Iran are shrouded in increasing controversy. In particular, these laws systemically target women, as distinct from men, and are often excessively ‘enforced’ by Guidance Patrol officers with zero accountability.[9]
In the aftermath of Mahsa’s death, many commentators have focused on the sequence of events leading up to her death and the protests which have followed. However, most have arguably failed to situate Mahsa’s story in the broader context of Iran’s systematic suppression of women’s freedoms, in particular the freedom of a woman to dress how she chooses.[10] In the light of this omission, the aim of this article is to illuminate this wider and pressing context surrounding Mahsa’s tragic and unaccountable death, namely the ongoing struggle for recognition of women’s rights in Iran. In so doing, it is hoped that, although we may never know for certain the true circumstances surrounding Mahsa’s death, we can begin to shed light on the true status of women living in Iran.
Contextualising Mahsa’s story: Iran’s laws relating to public dress
To truly comprehend the context surrounding Mahsa’s death, this article draws attention to the fact that, since 1979, Iranian law has mandated that all women publicly adhere to a strict dress code. Under Article 638 of the Iranian penal code, women who appear in public without wearing a headscarf are subject, if found guilty and upon a court’s discretion, to between ten days’ and two months’ imprisonment or a fine.[11] This law was originally enforced formally by the so-called ‘Islamic Revolution Committees’ (which served as a quasi-religious police force) until they were replaced by the current ‘Guidance Patrol’ in 2005[12] and informally by the Basij (a paramilitary volunteer militia affiliated with the Islamic Revolutionary Guard Corps).
Although in force since 1979, the laws regulating public dress have been enforced in a somewhat uneven manner across successive Iranian governments. Depending on the political outlook of the relevant administration, the Iranian government has oscillated between, on the one hand, prioritising the enforcement of these laws (and thereby empowering the Guidance Patrol) and, on the other, letting these laws lapse into apparent abeyance. For instance, during the tenure of the moderate and reformist President Mohammad Khatami in the late 1990s, the enforcement of laws regulating public dress was noticeably less widespread and intrusive.[13]
Notwithstanding these apparent oscillations in commitment, the sheer scale of the Guidance Patrol’s activities in recent years has been unprecedented. For example, according to police spokesman Saeed Montazer al-Mahdi, in 2014, more than 207,000 women were taken to police stations across Iran by Guidance Patrol officers and asked to sign statements in which they undertook to comply with the dress code requirements, with more than 18,000 of these cases being formally referred to the judiciary for further investigation and/or action.[14] Similarly in 2015, more than 10,000 female drivers were issued with warnings by the Guidance Patrol for failing to comply with these rules on public dress whilst driving.[15] Moreover, the actions of the Guidance Patrol officers are often brutal, a fact that has been attested to by numerous eyewitness sources and international human rights organisations. In 2019, for instance, Amnesty International reported that there were ‘countless’ instances of women being physically assaulted by Guidance Patrol officers, as observed in eyewitness accounts.[16]
Adding to the pervasive control that is frequently exerted over women’s autonomy in Iran is the fact that the Guidance Patrol officers do not restrict themselves solely to the direct enforcement of laws on public dress. Instead, they often detain large numbers of women to whom they provide informal ‘guidance.’ For example, in 2014 alone, Guidance Patrol officers provided informal ‘guidance’ to more than 2.9 million women who were deemed to be ‘norm breakers’ without taking further action.[17]
Furthermore, the Guidance Patrol forms a small part of a wider system of social control which is designed to police the bodily autonomy of women in Iran, a systematic control which extends far beyond the state and quasi-state apparatus. For instance, a 2019 report by Amnesty International found that women in Iran are often subjected to ‘harass[ment] and assault’ on a ‘daily basis’ by vigilantes, the Basij, and members of the public, who feel obligated to informally enforce the laws relating to public dress. [18]
In short, the context surrounding Mahsa’s death reveals a deeply-rooted and unaccountable system which has been deliberately designed and implemented to curtail the bodily freedom and autonomy of women in Iran.
The accession of President Raisi: a worrying trend
The accession of Ebrahim Raisi as President of Iran in August 2021 marked a pivotal turning point for women’s freedoms relating to their dress in Iran. Mr Raisi has openly sought to reinvigorate the enforcement of laws regulating women’s public dress which has led to a noticeable decline in women’s rights in the country.[19]
More specifically, since assuming power, Mr Raisi has significantly expanded government funding for the Initiative for the Promotion of Virtue and Prevention of Vice[20] (a quasi-religious entity tasked with promoting a particular interpretation of an ‘ideal’ Islamic morality and lifestyle) and has introduced further restrictive laws relating to women’s public dress which go beyond mandating the hijab.[21]
In the light of Mr Raisi’s lamentation in 2019 of an alleged ‘failure’[22] by prior governments to take enforcement action against women who failed to comply with public dress laws, it is likely that Mr Raisi’s government will continue to tighten restrictions on women’s public dress in Iran unless domestic opposition and international pressures convince him otherwise.
A familiar and predictable response
Given their scale, it is unsurprising that the ongoing protests present one of the most serious challenges to the leadership of Iran, and in particular to the authority of Mr Raisi, in recent years. With a depressing familiarity and predictability reminiscent of the 2019-2020 protests, the Iranian authorities have responded to these protests by introducing a wave of social media restrictions and internet blackouts.[23] Furthermore, when these restrictions failed to quell these protests, the regime has resorted to directly suppressing them using the Iranian police and security forces, which has resulted in the arrest of more than one thousand protestors and the targeted imprisonment of a number of journalists.[24]
Although the exact death toll resulting from these suppressive actions by the security forces is currently unknown and subject to ongoing debate, it is estimated that between 200 and 500[25] people have already been killed as the regime has battled to regain control. Some of the protestors who have been arrested have been charged and sentenced to death[26] for their actions. It is worth noting that, in what appeared to be a rare concession to the protestors, a statement by Iran’s Attorney General Mohammad Jafar Montazeri suggested that the Guidance Patrol would be disbanded.[27] However, this concession was later denied by the government and state media.[28]
Conclusion
Mahsa’s unaccountable death in September 2022 has shed a disturbing light on the systemic oppression that women face in Iran in choosing how to dress. In the author’s view, all women should be free to decide how to dress. In particular, their choice on whether or not to wear a headscarf ought to be exercised freely and not be subject to systemic or other coercion.
Given that the Iranian government has been vociferous in its criticism of France’s so-called ‘Burqa-ban’ on the ground that it violates religious and personal freedoms,[29] the author wishes to conclude this article with a simple question: why does the Iranian government not apply this same freedom-based logic to women in Iran?
The aim of this article is to illuminate the wider and pressing context surrounding Mahsa Amini’s tragic and unaccountable death, namely the ongoing struggle for recognition of women’s rights in Iran. Image source: Reuters / AFP
While the causes of the ongoing protests are numerous and complex, including economic discontent and concerns about corruption and widespread unemployment, the cause which has received the most global attention is the vocal criticism that has been directed towards the Iranian government for their treatment of women’s rights and freedoms. Image source: Ozan Guzelce / Getty Images
The accession of Ebrahim Raisi as President of Iran in August 2021 marked a pivotal turning point for women’s freedoms relating to their dress in Iran. Mr Raisi has openly sought to reinvigorate the enforcement of laws regulating women’s public dress which has led to a noticeable decline in women’s rights in the country. Image source: Raisi.ir
In the aftermath of Mahsa’s death, many commentators have focused on the sequence of events leading up to her death and the protests which have followed. However, most have arguably failed to situate Mahsa’s story in the broader context of Iran’s systematic suppression of women’s freedoms, in particular the freedom of a woman to dress how she chooses. Image source: THE CANADIAN PRESS / Justin Tang
Mahsa Amini’s unaccountable death has shed a disturbing light on the systemic oppression that women face in Iran in choosing how to dress. In the author’s view, all women should be free to decide how to dress. In particular, their choice on whether or not to wear a headscarf ought to be exercised freely and not be subject to systemic or other coercion. Image source: ANF
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Sources Cited
[1] ‘Iran Protests: Mahsa Amini’s Death Puts Morality Police Under Spotlight’ (BBC News, 21 September 2022) <https://www.bbc.co.uk/news/world-middle-east-62984076> accessed 7 December 2022.
[2] Weronika Strzyżyńska, ‘Iranian Authorities Plan to Use Facial Recognition to Enforce New Hijab Law’ (The Guardian, 5 September 2022) <https://www.theguardian.com/global-development/2022/sep/05/iran-government-facial-recognition-technology-hijab-law-crackdown> accessed 7 December 2022.
[3] Sanya Mansoor, ‘How Iran’s Morality Police Enforces a Strict Interpretation of Islamic Law’ (TIME, 10 November 2022) <https://time.com/6230535/iran-morality-police-mahsa-amini-hijab/> accessed 7 December 2022.
[4] ‘Iranian Coroner Denies Mahsa Amini Died from Blows to Body’ (Al Jazeera, 7 October 2022) <https://www.aljazeera.com/news/2022/10/7/iranian-coroner-denies-mahsa-amini-died-from-blows-to-body> accessed 5 December 2022.
[5] ibid.
[6] Alistair Bunkall, ‘Mahsa Amini was “Tortured and Insulted” Before Death in Police Custody in Iran, Her Cousin Says’ (Sky News, 26 September 2022) <https://news.sky.com/story/mahsa-amini-was-tortured-and-insulted-before-she-died-in-police-custody-in-iran-her-cousin-says-12705226> accessed 7 December 2022.
[7] Farnaz Fassihi, ‘Iran Protests Surge to Dozens of Cities’ (The New York Times, 24 September 2022) <https://www.nytimes.com/2022/09/24/world/middleeast/iran-protests.html> accessed 7 December 2022.
[8] Joshua Keating, ‘How Much Trouble is Iran’s Ruling Regime in? Why the Mahsa Amini Movement is Different Than Previous Protests’ (GRID, 12 October 2022) <https://www.grid.news/story/global/2022/10/12/how-much-trouble-is-irans-ruling-regime-in-why-the-mahsa-amini-movement-is-different-than-previous-protests/> accessed 7 December 2022.
[9] ‘Dissident: “Iranian Women Furious” Over Headscarf Death’ (VOA News, 24 September 2022) <https://www.voanews.com/a/dissident-iranian-women-furious-over-headscarf-death/6761756.html> accessed 5 December 2022.
[10] Rothna Begum, ‘Iranian Women’s Demands for Freedom Must be Heard’ (Human Rights Watch, 16 November 2022) <https://www.hrw.org/news/2022/11/16/iranian-womens-demands-freedom-must-be-heard> accessed 5 December 2022.
[11] ‘Iran: Authorities “Passing the Buck” on Compulsory Veiling Laws’ (Amnesty International UK, 6 December 2022) <https://www.amnesty.org.uk/press-releases/iran-authorities-passing-buck-compulsory-veiling-laws> accessed 8 December 2022.
[12] Miriam Berger, ‘What’s Behind the Protests in Iran?’ (The Washington Post, 2 October 2022) <https://www.washingtonpost.com/world/2022/09/22/iran-protests-mahsa-amini-death/> accessed 8 December 2022.
[13] ‘Iranian Police Enforce Strict Dress Code’ (CBS News, 16 June 2008) <https://www.cbsnews.com/news/iranian-police-enforce-strict-dress-code/> accessed 8 December 2022.
[14] ‘New App that Detects Morality Police is Instant Hit in Iran’ (Center for Human Rights in Iran, 9 February 2016) <https://iranhumanrights.org/2016/02/gershad-app/> accessed 7 December 2022.
[15] ‘Women Drivers Not Wearing Hijab Face Tough Police Action’ (Center for Human Rights in Iran, 17 November 2015) <https://iranhumanrights.org/2015/11/hijab-new-restrictions/> accessed 7 December 2022.
[16] ‘Iran: Abusive Forced Veiling Laws Police Women’s Lives’ (Amnesty International, 28 May 2019) <https://www.amnesty.org/en/latest/campaigns/2019/05/iran-abusive-forced-veiling-laws-police-womens-lives/> accessed 7 December 2022.
[17] Center for Human Rights in Iran (n 15).
[18] Amnesty International (n 16).
[19] ‘Iranian Society Under Crackdown’ (Human Rights Watch) <https://www.hrw.org/blog-feed/iranian-society-under-crackdown#blog-382660> accessed 8 December 2022.
[20] Kourosh Ziabari, ‘Iran’s Hijab Protests are of Raisi’s Own Making’ (Foreign Policy, 10 October 2022) <https://foreignpolicy.com/2022/10/10/iran-protests-hijab-mahsa-amini-morality-police-ebrahim-raisi/> accessed 7 December 2022.
[21] Radio Farda, ‘Iranian President Orders Enforcement of Hijab and Chastity Law for Women’ (Radio Free Europe / Radio Liberty, 7 July 2022) <https://www.rferl.org/a/iran-president-orders-enforcement-hijab-chastity-law/31933583.html> accessed 7 December 2022.
[22] Ziabari (n 20).
[23] Weronika Strzyżyńska and agencies, ‘Iran Blocks Capital’s Internet Access as Amini Protests Grow’ (The Guardian, 22 September 2022) <https://www.theguardian.com/world/2022/sep/22/iran-blocks-capitals-internet-access-as-amini-protests-grow> accessed 7 December 2022.
[24] Artemis Moshtaghian, ‘More Than a Thousand Protesters Have Been Arrested in Iran. Here are Three of Their Stories’ (CNN, 13 October 2022) <https://edition.cnn.com/2022/10/13/middleeast/profiles-arrested-protesters-iran-intl/index.html> accessed 7 December 2022.
[25] ‘Iran Protesters Call for Strike, Prosecutor Says Morality Police Shut Down’ (Reuters, 4 December 2022) <https://www.reuters.com/world/middle-east/iran-executes-four-individuals-convicted-cooperating-with-israel-fars-2022-12-04/> accessed 7 December 2022.
[26] Lee Ying Shan, ‘Iran Issues First Known Death Sentence Linked to Recent Protests’ (CNBC, 14 November 2022) <https://www.cnbc.com/2022/11/14/iran-issues-first-known-death-sentence-linked-to-recent-protests.html> accessed 8 December 2022.
[27] Roya Hakakian, ‘The Real Reason Iran Says It’s Canceling the Morality Police’ (The Atlantic, 7 December 2022) <https://www.theatlantic.com/ideas/archive/2022/12/iran-morality-police-abolished-protests-strike/672376/> accessed 8 December 2022.
[28] Siavash Ardalan and Marita Moloney, ‘Uncertainty Over Iran’s Morality Police After Official’s “Disbanded” Remarks’ (BBC News, 5 December 2022) <https://www.bbc.co.uk/news/world-middle-east-63850656> accessed 7 December 2022.
[29] ‘Iran Decries French Move to Ban Hijab’ (Al Jazeera, 24 December 2003) <https://www.aljazeera.com/news/2003/12/24/iran-decries-french-move-to-ban-hijab> accessed 7 December 2022.